The Trump administration faced a legal setback as a federal court dismissed its lawsuit seeking voter registration records from West Virginia. U.S. District Judge Thomas E. Johnston ruled against the Justice Department’s arguments, citing ‘factual deficiencies’ in their case.
Judge’s Decision
Judge Johnston, appointed by President George W. Bush, released a 16-page opinion dismissing the lawsuit against West Virginia Secretary of State Kris Warner. The judge found the government’s request for unredacted voter registration lists lacked the necessary statutory ‘basis’ under the Civil Rights Act of 1960. Johnston also denied the motion to compel the production of records, marking a blow to the administration’s push to obtain voter registration data nationwide as part of its election integrity initiative.
Lack of Statutory Basis
The controversy centered on a 2025 letter from Attorney General Pam Bondi demanding an unredacted voter registration list from West Virginia. The Justice Department claimed the records were needed to assess compliance with the National Voter Registration Act and the Help America Vote Act. However, Johnston found the request did not meet the requirements of the Civil Rights Act.
Q: “The Plaintiff’s demand fails to include a factual basis, as required by Title III.”
The government did not present any evidence that West Virginia violated federal law, nor did it point to anomalies in voter registration data. Johnston highlighted that the demand letter emphasized its ‘purpose’ but failed to state the ‘basis’ for the request, lacking equivalent factual explanations.
Factual Deficiencies in Government’s Arguments
Johnston dismissed the argument that courts should have a limited role when reviewing Civil Rights Act requests, stating that normal federal standards apply. Legal complaints must contain enough facts to make claims plausible. He repeatedly noted the factual shortcomings in the government’s case, stating the Attorney General’s demand did not meet Congress’s requirements for explaining both purpose and basis.
The court did not need to address West Virginia’s arguments about potential privacy law violations since the government’s request already failed to meet statutory thresholds.
A Pattern of Court Losses
Johnston’s ruling is consistent with other federal courts that have dismissed similar lawsuits by the Justice Department, from states like Pennsylvania, Maryland, Wisconsin, and more. No court has ruled in favor of the United States to date.
About Judge Thomas E. Johnston
Thomas E. Johnston has been a U.S. district judge for the Northern District of West Virginia since 2006. Before his judicial role, Johnston served as U.S. Attorney for West Virginia’s Southern District. Despite being seen as a conservative judge, Johnston’s ruling highlights how federal judges, appointed by both political parties, assess cases on factual and legal merit independently of the executive branch.

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